Jason J. Peeples, Petitioner on Review v. Robert Lampert

Summary

The Oregon Supreme Court held that ordinary preservation rules apply when a party challenges a trial court's failure to make the special findings required for dismissal as a discovery sanction. Because petitioner did not object to the missing explanation concerning why lesser sanctions were inadequate, the court declined to review that procedural claim and affirmed the dismissal. DURHAM, J., concurring, agreed with the result but would have relied on intervening procedural rule changes rather than the majority's preservation analysis.